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(영문) 대전지방법원 2016.11.23 2016가합1650
영업자지위승계절차이행 등
Text

1. The defendant shall change the business report on the attached list to the plaintiff.

Reasons

1. Facts of recognition;

A. On November 3, 1997, the Plaintiff completed the registration of ownership transfer on the ground of sale on October 6, 1997 with respect to the five-story building located in Daejeon-gu Daejeon-gu (hereinafter “instant building”).

The Plaintiff started the accommodation business from November 17, 1997 to the competent authorities after completing the report on the accommodation business.

B. Around 1999, the Plaintiff entered into a loan agreement for use of the instant building (hereinafter “instant loan agreement”) verbally with the Defendant, the Plaintiff, who was the Plaintiff’s misleading.

The Defendant received the instant building from the Plaintiff, completed the alteration report of the proprietor’s status in the name of the Defendant as shown in the attached list, and the Plaintiff cooperateed in the alteration report of the proprietor status.

From July 19, 199, the Defendant operated the lodging business in the instant building from around July 19, 199, and returned the instant building to the Plaintiff around 2006.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts, the Plaintiff agreed to deliver the instant building to the Defendant after entering into the instant loan agreement, and to change the status of the proprietor of the lodging business on the instant building to the Defendant. It seems that the instant loan agreement between the Plaintiff and the Defendant not only allows the Defendant to use the instant building but also allow the Defendant to run the lodging business using the instant building’s facilities.

(b) Where a loan for use is made, the borrower is obligated to restore the object borrowed to its original state;

(See Article 615 of the Civil Act). Meanwhile, insofar as the Defendant’s operation of accommodation business in the instant building can be included in the content of the instant loan agreement, the Defendant returned the instant building to the Plaintiff as restitution upon termination of the loan agreement.

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